Firing Of Lead El Rukn Prosecutor Reconsidered

Key Documents Apparently Were Withheld

July 20, 1996|By Matt O'Connor, Tribune Staff Writer.

In a surprising about-face, the Justice Department agreed Friday to reconsider its decision to fire the lead attorney in the controversial prosecution of the street gang El Rukn and immediately put him back on paid leave.

The department took the unusual step after determining that a top official who fired William Hogan Jr. did not have all the pertinent documents to make a proper decision, said Hogan's lawyers. Hogan, who was fired in April, also won back pay.

One of his attorneys, Shelly Kulwin, said the Justice Department conceded its Office of Professional Responsibility "withheld" from top officials numerous documents that undercut the credibility of Hogan's chief accusers. That office investigates allegations of wrongdoing by federal prosecutors.

"These were interviews by FBI agents of individuals who were disputing the allegations against Mr. Hogan, and they were withheld in order to make the Office of Professional Responsibility's report look more credible than it really was," Kulwin said at a news conference.

Hogan, who attended the conference but was not allowed to speak because of the ongoing case, was fired for allegedly failing to disclose positive drug tests in prison by two key government witnesses in the Rukn trials.

Hogan, 44, a prosecutor for 14 years, has denied allegations of misconduct since they first exploded in hearings in federal court in late 1992. Hogan was a rising star whose dedication led to the convictions of more than 50 Rukn leaders and the effective dismantling of the notorious gang.

Dozens of the defendants won new trials or negotiated lenient prison terms after three federal judges concluded Hogan knowingly used perjured testimony and concealed drug use by key government witnesses who were former Rukn "generals."

After a 2 1/2-year investigation, the Office of Professional Responsibility concurred with the judges' findings and recommended Hogan be fired. David Margolis, associate deputy attorney general, agreed and fired him.

On Friday, however, the Justice Department agreed to return Hogan to the payroll--though he will not resume working--while Margolis, the No. 3 Justice official, reviews the evidence and reconsiders his decision. Margolis will decide his fate by Nov. 5.

Kulwin contended that the Office of Professional Responsibility was "predisposed" against Hogan "from the beginning as a result of the furor that was resulting from this at the time."

In 1992 court hearings, Hogan's credibility was hurt when Lawrence Rosenthal, a former federal prosecutor, said he alerted Hogan to the positive drug tests in 1989, two years before Hogan claimed to have known about them. Kulwin said documents undercutting Rosenthal's credibility were among those withheld from top Justice officials.

As a result of the decision to reconsider the firing, Hogan has withdrawn a lawsuit he filed challenging his dismissal. He could refile the suit if the department again fires him, Kulwin said.

"If the decision is reversed as we're hoping, he's back in business as an assistant U.S. attorney," Kulwin said.

A spokesman for the Justice Department in Washington did not return a telephone call. The U.S. attorney's office in Chicago declined to comment.